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Tuesday, 9 Jun 2020

Written Answers Nos. 221-240

Garda Operations

Questions (221)

Pauline Tully

Question:

221. Deputy Pauline Tully asked the Minister for Justice and Equality the number of drug searches that have taken place in County Cavan since the beginning of 2019; and the number of arrests and convictions for the possession and supply of illegal drugs in County Cavan since January 2019, in tabular form. [9941/20]

View answer

Written answers

The Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters, deployment of resources and operational action. As Minister, I have no responsibility for these matters.

I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The following table, furnished to me by the Garda authorities, sets out the number of incidents recorded by An Garda Síochána or ‘Possession of Drugs for Sale or Supply’ and ‘Simple Possession’ (personal use) in the County of Cavan between 01/01/2019 and 31/05/2020.

Incident Type

2019

2020 YTD

Total

Possession of Drugs for Sale or Supply

24

16

40

Simple Possession

166

94

260

Total

190

110

300

It is important to note that these figures are operational and subject to change .

In relation to the information requested by the Deputy on the number of persons convicted of relevant offences in Cavan, the following table, furnished to me by the Courts Service, outlines the number of convictions in the District Courts and the Circuit Court in Cavan for the period January 2019 to 31 May 2020.

District Court Areas

(January 2019-31 May 2020)

Offence

No. of Persons Convicted in District Court

No. of Persons sent forward for Trial to the Circuit Court

Cavan and Virginia

Unlawful Possession of Drug(s)

101

9

Cavan and Virginia

Possession of Drug for the Purpose of Sale or Supply

16

8

The Courts Service notes that a person may be convicted or sent forward for trial in relation to both offences and in such a case, they would appear on the report twice.

Circuit Court

No. of persons before the Circuit Court

No. of persons convicted

No. of persons not convicted

Jan ‘19 to May 2020

9

8

1

It should be noted that offences addressed in the Circuit Court in this period may have been sent forward for trial from the District Court prior to the period in question.

Finally, the Deputy may be interested to know that overall and benefiting from record financial provision of €1.88 billion this year, the Garda workforce is now at its highest ever, consisting of over 14,700 Gardaí nationwide, supported by over 3,000 Garda staff.

The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other state agencies tasked with responsibilities in this regard. An Garda Síochána continue to work to protect and support communities by preventing and detecting crime, while taking extensive action in support of public health restrictions in the context of the Covid-19 pandemic.

Cycle to Work Scheme

Questions (222)

Catherine Murphy

Question:

222. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons that availed of and the costs incurred by his Department regarding the cycle to work scheme since it was introduced to date by year and cost in tabular form; and if he will make a statement on the matter. [9987/20]

View answer

Written answers

The Deputy will recall that the Cycle to Work scheme came into operation on 1 January 2009 and is primarily an environmental measure. It was introduced on to help lower carbon emissions, reduce traffic congestion, and encourage more employees to cycle to work and help improve health and fitness levels.

The employer makes the initial purchase and then recoups this amount through a salary sacrifice. A benefit-in-kind tax exemption applies and the employee will not pay tax, PRSI or income levies on the remuneration sacrificed. This approach was taken to keep the scheme simple for employers and employees alike.

Under the scheme my Department has purchased bicycles and equipment and has made arrangements to recoup initial expenditure by way of salary sacrifice. Accordingly, there is an up-front cost until such time as those are offset by the gradual deduction from salary over a 12 month period. The purchase of bikes and safety equipment is subject to normal Revenue audit procedures.

The details requested are set out in the following table.

Cycle to Work Amounts by Year

Request Year

No. of Applications

Initial Cost - repaid by employee

2009

83

€57,501.86

2010

112

€82,526.53

2011

108

€80,599.68

2012

89

€68,236.92

2013

64

€60,179.87

2014

70

€57,226.63

2015

76

€62,820.73

2016

72

€58,011.58

2017

64

€51,048.41

2018

67

€58,473.84

2019

70

€57,658.51

2020

27

€22,566.95

Total

902

€716,851.51

Direct Provision System

Questions (223, 247, 254)

Niall Collins

Question:

223. Deputy Niall Collins asked the Minister for Justice and Equality if he will address concerns outlined in correspondence (details supplied); and if he will make a statement on the matter. [9996/20]

View answer

Róisín Shortall

Question:

247. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will address the situation in a direct provision centre (details supplied); if he will engage with the residents directly and not through the management of the centre; and if he will make a statement on the matter. [10272/20]

View answer

Roderic O'Gorman

Question:

254. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the discussions he has held with residents and the operators of a direct provision accommodation centre (details supplied) regarding the standard of food and accommodation there; and if he will make a statement on the matter. [10405/20]

View answer

Written answers

I propose to take Questions Nos. 223, 247 and 254 together.

I can inform the Deputy that we are taking the issues raised in relation to this emergency accommodation premises extremely seriously. The welfare of residents is, at all times, our key concern.

Last week (4 June 2020), officials from the International Protection Accommodation Service (IPAS) of my Department held a clinic via video call with residents of the centre. This was attended by 12 of the 19 residents currently residing at the centre. The clinic was held off-site in the Miltown Malbay Community Centre and was facilitated by a volunteer from the Limerick and Clare Educational Training Board (LCETB). Other than the residents and the facilitator, only the manager of the Community Centre and the caretaker were present onsite at the time.

Each resident attended their own clinic appointment in a separate room away from the facilitator and the manager of the Community Centre.

A small number of the residents who participated in the clinics stated that the food was not to their liking. The majority of residents who attended the clinic stated they were happy with the food and with the accommodation in general.

Following the clinics, an unannounced visit was made to the accommodation the next day (5 June 2020) by a senior official from my Department. During this visit, a number of issues raised in recent correspondence to my Office were investigated. I am pleased to inform the Deputy that no health and safety issues were identified during this visit during which all rooms were viewed.

Concerns had previously been raised with my Office around rodent activity on the premises and water leaking. I am advised that there was no evidence of any rodent activity or water leaking on the day my official visited. When questioned by my official on these matters, the owner confirmed that a resident had reported mice in his room in February. The owner engaged a pest control company who could not find any evidence of rodents. They subsequently monitored the room for three weeks and could not find any evidence of rodents. Regarding the water, I am advised that the owner confirmed that an incident occurred some months ago where water was leaking from a bath/shower on the second floor into a bedroom on the first floor. It was reported to him by the residents in the room and he sought to engage a plumber. One of the residents said he was a plumber and asked if he could fix it. It was addressed within a few hours and no reoccurrence of the leaking has been reported since.

My official identified no concerns about the quality or variety of food available during their visit. Food is prepared onsite by a professional chef and all meat is Halal certified. Residents also have use of the kitchen for special occasions and regularly cook meals of their choice from food supplied by management. Arrangements were also made during Ramadan recently for residents to use the kitchen at night.

I can also advise the Deputy that IPAS officials previously visited the premises unannounced on 13 February last, on foot of concerns raised by a local support group. During the course of this visit, they inspected all bedrooms and recreation rooms and the kitchen and dining facilities and they had lunch with the residents. I am advised that my officials did not find any major issues to report and the residents they spoke to did not raise any issues about the standard of the centre. The International Organisation for Migration (IOM) also carried out a visit to the premises in February as part of a programme of visits to a variety of centres over a two week period. No specific issues were brought to my Department's attention regarding the premises arising from their visit.

Our intention is to accommodate all international protection applicants currently living in emergency accommodation in dedicated accommodation centres as soon as places become available.

Garda Recruitment

Questions (224)

Roderic O'Gorman

Question:

224. Deputy Roderic O'Gorman asked the Minister for Justice and Equality the measures taken to date to achieve strategic priority 3, outcome 5, of the An Garda Síochána Diversity and Integration Strategy 2019-2021 (details supplied); and if he will make a statement on the matter. [10010/20]

View answer

Written answers

As the Deputy is aware, the Garda Diversity and Integration Strategy 2019-2021 was launched last year and includes a wide range of elements, including a working definition of hate crime and upskilling Gardaí to understand the needs of diverse communities and respond to crimes perpetrated against them. It may also be noted that the Garda Code of Ethics also commits members to opposing and challenging any behaviour or language that demonstrates discrimination or disrespect, in particular with regard to minority groups.

I am informed by the Garda Commissioner that relevant actions taken under the Strategy to date include completion by the Garda National Diversity and Integration Unit (GNDIU) of the following:

- Organisation of the annual Consultation Day in December 2019, which involved representation from a wide spectrum of our diverse and minority communities. The identification and removal of barriers to recruitment was among the issues included on the agenda and addressed.

- Organisation during 2020 of dialogue days, tailored to specific minority groups and including discussion of barriers to entry. Dialogues have been organised to date with members of the travelling community and LGBT groups. Further dialogue days with other groups were planned but had to be postponed, due to the Covid-19 pandemic. These will be rescheduled when circumstances allow.

- Establishment of a Diversity Forum. The terms of reference of the Diversity Forum will include addressing the barriers to recruitment and retention as well as monitoring progress relating to strategic priority 3, outcome 5 of the Strategy. Representatives for the Forum have been identified but progress has been delayed due to the Covid-19 pandemic.

More broadly, the Deputy will recall that In December 2018 the Government endorsed the report of the Commission on the Future of Policing in Ireland and the report is now being implemented in accordance with the targets and timelines set out in the 4-year plan "A Policing Service for the Future ".

Among the issues highlighted in the Commission's report was that An Garda Síochána should reflect the diversity of Irish society and should therefore develop recruitment strategies to achieve a more diverse intake. These recommendations echoed those of the Garda Inspectorate following their examination of entry routes into An Garda Síochána.

It is planned that these and other questions on recruitment to An Garda Síochána will be considered as part of review of entry routes to An Garda Síochána. Work is currently underway on the drafting of Terms of Reference for a Working Group which will bring this review forward, once established.

Finally, I note that increasing numbers of persons born outside the State have in recent years joined An Garda Síochána. For example, across 2019 and 2020, a total of 67 persons born outside the state, with 19 different nationalities, attested and became members of An Garda Síochána.

Question No. 225 answered with Question No. 216.

Covid-19 Pandemic

Questions (226)

Frank Feighan

Question:

226. Deputy Frankie Feighan asked the Minister for Justice and Equality if the housing situation of a person (details supplied) will be investigated; and if he will make a statement on the matter. [10018/20]

View answer

Written answers

The person referred to by the Deputy is, as of 30 May 2020, being accommodated in our dedicated self-isolation facility in Dublin.

This is a temporary arrangement to enable precautionary isolation under COVID-19 protocols until the person can be transferred to an accommodation centre at a future date.

The HSE has issued new protocols to the international protection accommodation service (IPAS) of my Department advising that anyone applying for return to IPAS accommodation must first undergo a minimum of 14 days isolation in an IPAS self-isolation facility. Following this, persons who are successful in seeking readmission to IPAS accommodation centres will be re-accommodated as vacancies arise in centres nationwide. Whilst every effort will be made to return persons to their original accommodation centre following the required period of isolation, this will depend on the situation existing when the 14 days is completed.

Question No. 227 answered with Question No. 209.

Direct Provision System

Questions (228, 262)

Catherine Murphy

Question:

228. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of units of PPE provided to each direct provision centre for staff use and for use by persons seeking international protection. [10066/20]

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Cormac Devlin

Question:

262. Deputy Cormac Devlin asked the Minister for Justice and Equality the amount of additional financial support given from March to May 2020 to provide PPE to persons in direct provision during the Covid-19 pandemic; and if he will make a statement on the matter. [10472/20]

View answer

Written answers

I propose to take Questions Nos. 228 and 262 together.

I can inform the Deputy that the total expenditure for the provision of PPE for International Protection Accommodation Service (IPAS) accommodation centres for the period from March to end May 2020, was €521,488.27.

During this time, centre managers have been advised to increase the standard and frequency of cleaning throughout the centres, paying particular attention to communal areas. A regular supply of hand sanitiser for centres is in place and this is distributed to centres as required. Other PPE is distributed, as needed, and in line with the HPSC guidelines for its appropriate use in residential settings.

The overall figures for PPE items which were dispatched to the various IPAS accommodation centres are as follows:

Category of PPE

Quantity

Hand Sanitiser

5,300 litres

FFP 2 Face Masks

150,000

Surgical Masks

95,000

Face Visors

200

Body Suits

200

Gloves

350,000

Aprons

19,000

Assorted Hand Sanitiser Dispenser Bottles

3,700

Hand Sanitiser Wall Dispenser Units

335

Defibrillator

1

These figures are approximate. Unfortunately, my Department is not currently in a position to extract the detail of what was dispatched to each location due to staffing resources and the fact that it would take a significant amount of time to collate the data.

In partnership with the HSE and Safetynet, my Department has also put in place a national clinical telephone service to provide public health advice to support centre staff. It is also being used to advise, support and work with locations where vulnerable groups are present relating to the implementation of COVID-19 guidelines and measures.

My Department and I will continue to work hard with local management, health agencies, and NGOs to provide every support possible to the residents and staff in our accommodation centres at this difficult time.

Direct Provision System

Questions (229)

Catherine Murphy

Question:

229. Deputy Catherine Murphy asked the Minister for Justice and Equality if he has consulted with a nutritional and dietary professional in respect of the catering and food services provided in direct provision centres; and if persons with special dietary requirements are catered for in respect of food services in direct provision. [10067/20]

View answer

Written answers

It is a contractual obligation on all service providers of accommodation centres that culturally appropriate food options should be provided to residents. Service providers must also prepare menus that meet the reasonable dietary needs of the different ethnic groups accommodated at the accommodation centre and the reasonable prescribed dietary needs of any person accommodated at the centre.

Menus must include a vegetarian option and all food products provided must have a traceability system that complies with food safety requirements. It is a contractual obligation for catered accommodation centres that a 28 day menu be provided and that residents are consulted on that 28 day menu. Residents can advise their centre manager of any dietary requirement that they have and this will be facilitated, where possible. Arrangements can also be made to cater for particular religious dietary needs, for example, Muslim residents observing Ramadan.

Accommodation centres which have moved to the independent living model, where residents are provided with ingredients and household items and cook for themselves, must provide a wide range of products which are culturally appropriate and meet the dietary needs of residents. Approximately half of all residents now have access to independent living.

We have continued the roll-out of independent living with self-catering facilities to centres and regional tenders now mandate independent living for all new centres procured through that process.

All accommodation centres are subject to regular unannounced inspections by both staff from the International Protection Accommodation Service (IPAS) of my Department and an independent inspector. Part of the inspection process deals directly with the provision of food services. Meals are assessed during inspection for quality, cultural appropriateness and variety of menu options. Any issues identified are notified to the contractor to be addressed immediately.

In August 2019, Minister Flanagan and I published new National Standards for accommodation centres. These Standards were developed through an Advisory Group including representatives from UNHCR Ireland and the NGO sector. The Standards will come into force in January 2021, and they contain commitments in relation to food including access to a varied diet that respects residents' cultural, religious, dietary, nutritional and medical requirements.

Any complaints in relation to dietary matters should be brought to the centre manager in the first instance. If the resident is not satisfied with the outcome, they can make a complaint directly to IPAS, which will be investigated by IPAS officials and acted on appropriately. If the matter is still not resolved to the resident's satisfaction, they can raise a complaint with the Office of the Ombudsman for their investigation.

Direct Provision System

Questions (230)

Catherine Murphy

Question:

230. Deputy Catherine Murphy asked the Minister for Justice and Equality if each direct provision centre has conducted a risk assessment regarding Covid-19; if each centre has sufficient self-isolation rooms; and if he will make a statement on the matter. [10068/20]

View answer

Written answers

The International Protection Accommodation Services Unit (IPAS) of my Department is working very closely with the HSE and centre management centre to protect the health and welfare of our residents and centre staff as well as that of the wider community at this time. We have been assured by both the HSE and the Office of the Chief Medical Officer that our approach is appropriate.

All accommodation centres are carefully following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre, which can be found on its website www.hpsc.ie. That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic.

IPAS has a dedicated team in place to work with accommodation centre managers so that they can manage any situation that may arise and the team are in daily contact with centre managers.

At the outset of the pandemic, a contingency plan was prepared for each Centre, including provision of some onsite self-isolation at each centre, a plan for a response to an outbreak, enhanced cleaning regime required, etc. Building on these contingency plans, a Risk Assessment Framework for our centres has been developed with the HSE. This allows all centres to be assessed for risk and any additional supports or interventions required can then be appropriately targeted. This is important for the medium to longer term and takes account of the range of accommodation types across the Direct Provision system, from own-door accommodation to communal settings. A similar framework is applied by the Mental Health Commission for its residential settings. Assessments for all centres have been completed and follow-up work on the findings is underway.

The established procedure across all centres where a person is confirmed as having the virus, is that, where advised by Public Health, they are moved to a dedicated offsite self-isolation facility. Supports are available for the duration of their period of isolation until such time as the HSE considers that they can safely return to their centre. My Department has opened four dedicated self-isolation facilities for residents in Dublin, Cork and Limerick, and Dundalk, with a total capacity of 299 rooms. Residents in these facilities have their own bedroom and their own bathroom.

Since the start of the year over 1,550 permanent and temporary Direct Provision bed spaces have been procured, including the dedicated new centres opened in Rosslare Harbour, Cahersiveen and Tullamore.

We have relocated over 600 residents to support social and physical distancing in centres and cocooning measures for the most vulnerable. By doing this, we have ensured that no more than three single people are sharing a room in any of our centres. We intend to continue this policy when the crisis is over.

We have cocooned all residents aged 65 or older and those advised to my Department by the HSE as requiring cocooning on medical grounds.

In addition to the daily calls to centres, we are communicating directly with centre managers and residents via regular newsletters, which can also be found on our website www.accommodationcentres.ie. The newsletters have provided practical information on implementing social and physical distancing at this time and promoted shared learning and best practice across our network of centres. Residents have also been made aware of the need for good hand hygiene and coughing/sneezing etiquette. Information and posters have been distributed to all centres and translations of public health information have also been provided.

In partnership with the HSE and Safetynet, my Department has put in place a national clinical telephone service to provide public health advice to support centre staff. It is also being used to advise, support and work with locations where vulnerable groups are present relating to the implementation of COVID-19 guidelines and measures.

During this time, centre managers have also been advised to increase the standard and frequency of cleaning throughout the centres, paying particular attention to communal areas. A regular supply of hand sanitiser for centres is in place and this is distributed to centres as required. Other PPE is distributed, as needed, and in line with the HPSC guidelines for its appropriate use in residential settings.

Garda Deployment

Questions (231)

James Browne

Question:

231. Deputy James Browne asked the Minister for Justice and Equality the number of gardaí assigned to County Wexford by rank and district; and if he will make a statement on the matter. [10090/20]

View answer

Written answers

The Garda Commissioner is responsible under the Garda Síochána Act 2005 for the management of An Garda Síochána, including personnel matters and the deployment of resources. As Minister, I have no responsibility for these matters. I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.

The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation. There are now over 14,700 Gardaí nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. Taken together, this increase in the number of Garda members and staff is delivering a significant increase in operational policing hours nationwide.

A detailed breakdown of Garda numbers is available on my Department’s website and this information is updated every month with the latest data provided by An Garda Síochána. Information on the Garda Workforce is available at the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce

Specifically in relation to Wexford, I am informed by the Garda authorities that as at 30 April 2020 there are 336 Gardaí assigned to the Wexford Division. This represents a significant increase of 81 Gardaí in the Division since the end of 2015. A full breakdown by of this total by rank and location is available on my Department's website at the following link: http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_

to_March_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_March_2020.xlsx

Proposed Legislation

Questions (232)

Pádraig MacLochlainn

Question:

232. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reason for the proposed draft legislation to replace sworn affidavits with statements of truth; and the difference between the proposed statement of truth and a sworn affidavit in practical and operational terms and in terms of legal consequence and validity. [10092/20]

View answer

Written answers

The statement of truth is intended to provide a new means of submitting evidence or verifying documents or information in legal proceedings. However, the statement of truth is not intended to replace all affidavits in all circumstances. The proposal is that the statement of truth, which may be made in an electronic form, is to be used in place of an affidavit or statutory declaration as a means of submitting evidence or verifying documents electronically. Without a statement of truth, the Courts Service is limited in its ability to effectively provide electronic services to its users. While the COVID-19 crisis highlights the benefits and necessity of providing electronic services, the statement of truth is not merely a response to that crisis. It is a long term solution with the aim of improving the effectiveness of the courts system for members of the public accessing court services.

It is intended that legislation allowing for a statement of truth will include provision for a false statement of truth to be a contempt of court and will also provide that any person knowingly making or causing the making of a false declaration will be guilty of an offence.

Crime Data

Questions (233)

Holly Cairns

Question:

233. Deputy Holly Cairns asked the Minister for Justice and Equality the number and location of racial crimes and the rate of prosecution between January 2015 and December 2019, inclusive in tabular form. [10150/20]

View answer

Written answers

The Deputy will appreciate that Ireland does not currently have specific legislation dealing with hate crime, although a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.

In addition, the Prohibition of Incitement to Hatred Act 1989 Act prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.

In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. The Director of Public Prosecutions is independent in the exercise of her functions.

The information requested by the Deputy potentially covers a number of circumstances and relates to a significant period of 5 years. I have requested relevant information including from the Garda authorities and the Courts Service on this matter and I will write directly to the Deputy when it is received.

The Deputy will be aware that work is underway in my Department to prepare legislation specifically dealing with hate crime and hate speech.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No. 233 which was for answer on the 8 June 2020 where you asked my predecessor, Charlie Flanagan TD, the number and location of racial crimes and the rate of prosecution between January 2015 and December 2019, inclusive in tabular form.  
As you may recall, the information you requested could not be obtained in the time available and the then Minister undertook to contact you again when the information was to hand. I apologise for the delay in responding while I consulted with An Garda Síochána on this matter.  
I would like to assure you that I am fully committed to equality for all in Irish society and attach great importance to the fight against discrimination.  The new Programme for Government – Our Shared Future – commits to building stronger and safer communities for all in Ireland.  As part of this commitment, the Government will introduce hate crime legislation within 12 months which will create specific offences and ensure that those who target victims because of their association with a particular identity characteristic are identified as perpetrators of hate crime.  This legislation will be on the basis of an aggravated offences model.  It will be supported by training across the criminal justice system, as well as victim supports.  In order to ensure that those who seek to encourage and incite others to hate minority groups can be prosecuted, the Government has committed to revise and update the Incitement to Hatred Act 1989, taking account of the public consultation conducted in 2019.  
In terms of the current law, you will be aware that the Prohibition of Incitement to Hatred Act 1989 prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.  
I understand that there have been in the region of 50 prosecutions since the enactment of the 1989 Act.  Other than in relation to incitement, a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.  
I understand that An Garda Síochána has reported, at a national level, on hate-based motivations for crime incidents in previous annual reports.  The figures furnished in those annual reports for crime incidents with hate motivations during the last 5 years are as follows:  
2015: 164
2016: 290
2017: 324
2018: 340
2019: 250
2020 (up to 15 June): 90  
I am informed that hate-related motivations have historically not been recorded for incidents that do not meet the threshold of criminality (i.e. non-crime incidents).  
I am further informed by the Garda authorities that An Garda Síochána fully accepts that there is under-recording of hate motivated crimes.  However significant actions are underway to improve internal recording of hate-related incidents and also to encourage more reporting by the public.  In particular, the Garda Diversity and Integration Strategy has a significant focus on enhancing the identification, reporting, investigation and prosecution of hate crimes.   
This includes the introduction in that Strategy of a working definition by An Garda Síochána in relation to their investigation and recording of hate crimes, to the effect that a hate crime is “any criminal offence which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.”  
Finally, as part of the Diversity and Integration Strategy, An Garda Síochána is upgrading PULSE to capture hate-related motivations for all incidents, both crime and non-crime. I am confident that this will enable more accurate collation of data in relation to these crimes and incidents in the future.  
I trust this information is of assistance.  

Direct Provision System

Questions (234)

Matt Carthy

Question:

234. Deputy Matt Carthy asked the Minister for Justice and Equality if his Department has been in negotiations with a private company regarding the supply of direct provision or emergency accommodation in Castleblayney, County Monaghan; if so, if consultation will take place with the local community and representatives of asylum seekers with respect to the suitability of a proposed centre prior to the finalisation of an agreement; and if he will make a statement on the matter. [10169/20]

View answer

Written answers

I can inform the Deputy that my Department currently has no plans to increase the capacity of emergency accommodation for international protection applicants in County Monaghan.

I can also advise that a regional tender process for Direct Provision accommodation for the Border Region is ongoing and is currently in the assessment phase. As the Deputy will appreciate, it would not be appropriate for me to make any further comment while this procurement process is ongoing.

Garda Stations

Questions (235)

Matt Carthy

Question:

235. Deputy Matt Carthy asked the Minister for Justice and Equality his plans to ensure the reopening of Emyvale Garda station, County Monaghan following a previous fire at the site; the time frame for same; and if he will make a statement on the matter. [10170/20]

View answer

Written answers

As the Deputy will appreciate, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. As a result, all works to the Garda estate involve close cooperation between the OPW and the Garda authorities. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

Emyvale Station was largely destroyed following a fire which occurred in the early hours of 28 October 2019.

I am informed that the OPW and Garda authorities have identified that the former married quarters in Emyvale can meet the Garda operational accommodation requirements as an interim measure. I understand that the planning process to facilitate this was commenced earlier this year.

In terms of Garda resources in the area, the Deputy may wish to be aware that at end April 2020, the latest date for which figures are available, there were 103 Gardaí assigned to Monaghan District. This is an increase of 6% since end October 2019. I am further informed by Garda management that there will be no depletion of Garda resources in the Emyvale area during this period.

Direct Provision System

Questions (236)

Donnchadh Ó Laoghaire

Question:

236. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he is examining the abolition of the direct provision system and the replacement of same with a form of international protection and reception which can better respect human rights and dignity and to ensure own door accommodation for asylum seekers; and if an improved system of decision making in relation to applications will be ensured. [10176/20]

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Written answers

Last year Minister Flanagan and I asked Dr. Catherine Day to bring together an expert group with representation from asylum seekers and NGOs to examine best practice in other European States in the provision of services to international protection applicants, to examine likely longer term trends and to set out recommendations and solutions. The Group is examining both the reception system for accommodating applicants and the system for processing applications, and is expected to make recommendations for changes in both areas. A briefing paper on the work of the group, prepared by the Chairperson to inform programme for government talks, has been circulated to members of both Houses of the Oireachtas.

As the Deputy will be aware, the Briefing Note includes a list of measures, identified so far, which would immediately improve the situation of those currently in Direct Provision, and on which officials of the Department have been asked to prepare proposals for the incoming Government. The work of the group is advancing at pace and their report is expected by the end of September.

Minister Flanagan and I are happy that this Briefing Note signals far-reaching proposals and we were anxious to ensure that Dr. Day and her Group were free to make any recommendations they deemed appropriate based on an expert analysis.

Last year we also established a high level Interdepartmental Group chaired by a senior official of my Department, to ensure that all Departments are proactively delivering on their responsibilities. The Group is reviewing the management of services for applicants for international protection and considering the short-to-medium term options which could be implemented to improve the system. Its Report has been finalised and is ready to be submitted to a new Government.

The system of Direct Provision refers to the suite of State services and supports that are provided by a range of Government Departments and agencies to persons seeking international protection in the State. It includes provision of medical cards, an exemption from prescription charges, access to education for children, a weekly payment, access to Exceptional Needs Payments, when required, and, of course, ensuring that all basic needs are met, like accommodation and food.

It is important note that significant efforts have been made to reform the system in recent years. Mr. Justice Bryan McMahon, whose report in 2015 has been the basis for introducing improvements to the system, has himself noted that the system has improved considerably compared to what it was five years ago.

Significant improvements made to the system in recent years include access to the services of the Ombudsman and the Ombudsman for Children; agreed National Standards for accommodation providers; the introduction of labour market access; and the continued roll-out of self-catering facilities for residents (now available to more than half of all residents).

The new National Standards contain specific actions to improve the lives of children in accommodation centres. As well as the aforementioned access to the services of the Ombudsman for Children, they are also supported by the Child Protection Policies that we have put in place in the centres. In addition, there is a Tusla official seconded to my Department to work with our International Protection Accommodation Service (IPAS). This ensures that any child protection issues are swiftly followed up and that the process for referrals is as streamlined as possible.

Currently, around 25% of residents (1,974 people) in the Direct Provision system have own door self-catered accommodation. While, at this time, all available accommodation of this type is fully utilised, families are prioritised when this type of accommodation becomes available.

It is to be noted that the Joint Committee on Justice and Equality, in its report on Direct Provision and the International Protection Application Process, published last December, found that there was no clear consensus from the Committee as to what alternatives could or ought to replace the current system. Their Report also acknowledged that any new system of reception and accommodation will need time to ensure the right system is put in place.

Finally, Minister Flanagan and I look forward to the completion of the work of Dr. Day’s expert group and the implementation of major changes, should the incoming Government accept the proposals.

Direct Provision System

Questions (237)

Éamon Ó Cuív

Question:

237. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons in direct provision centres at present by country of origin; the number in direct provision on 1 January 2019 and 1 January 2020, respectively; the steps being taken to reduce this number by a speedier assessment process; and if he will make a statement on the matter. [10220/20]

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Written answers

I can inform the Deputy that there were 6,115 persons residing in Direct Provision accommodation as of 1 January 2019. The corresponding figure at 1 January 2020, was 7,683 persons. In 2019, the total figure for grants of status or permission to remain was 1,284. Between January and April of this year that total figure was 301 grants.

The table below shows the number of persons residing in accommodation as of 31 May 2020, by nationality. At that date, there were people from a total of 110 different nationalities residing in our accommodation. The figures include both international protection applicants and people who are no longer in the process, having already been granted an international protection status (refugee status or subsidiary protection) or a permission to remain in the State. Currently, we continue to accommodate almost 1,000 such people. We are assisting these residents to transition to permanent mainstream accommodation, working closely with the City and County Managers Association, the Local Authorities and organisations like DePaul Ireland, the Peter McVerry Trust and the Jesuit Refugee Service. People with status or permission to remain in the State have the same entitlement to housing supports and State services as everyone else.

No breakdown is provided for nationalities with less than 10 people due to the increased risk of their identification, which is prohibited under Section 26 of the International Protection Act 2015.

Nationality

Total

Afghanistan

178

Albania

558

Algeria

199

Angola

30

Bahrain

11

Bangladesh

189

Benin

11

Bolivia

35

Botswana

41

Brazil

20

Burundi

12

Cameroon

79

China (including Hong Kong)

12

Congo, The Democratic Republic of

310

Cote D’Ivoire

12

Egypt

29

El Salvador

22

Eritrea

15

Ethiopia

25

Georgia

655

Ghana

89

Guatemala

19

India

69

Iran (Islam Republic of)

37

Iraq

84

Israel

10

Jordan

14

Kenya

34

Kosovo/UNSCR 1244

34

Kuwait

15

Lesotho

11

Libyan Arab Jamahiriya

21

Malawi

228

Malaysia

16

Mauritius

36

Morocco

50

Nepal

13

Nigeria

987

Pakistan

509

Palestinian Territory, Occupied

56

Russian Federation

28

Sierra Leone

64

Somalia

199

South Africa

610

Sri Lanka

15

Sudan

49

Swaziland

29

Syrian Arab Republic

85

Tanzania, United Republic of

11

Togo

25

Uganda

46

Ukraine

26

Venezuela

17

Yemen

10

Zambia

13

Zimbabwe

1034

Others (54 countries)

159

Total

7,195

The procedures to be followed in the assessment of applications for international protection are set out in law under the provisions of the International Protection Act 2015. As such, there are certain steps that the International Protection Office (IPO) is required by law to follow in assessing every application. The IPO is constantly exploring all options that will lead to a more timely processing of such applications.

The IPO currently has an existing caseload of approximately 5,700 cases (at end April 2020) having received almost 4,800 applications in 2019. Applications have been increasing year on year since the IPO’s creation at the end of 2016, with applications up 30% approximately at the end of 2019 on the total received in 2018. However, it is acknowledged that the impacts of COVID-19 on travel to Ireland since March 2020 will somewhat distort that upward trend.

Efforts to improve processing times have been impacted upon by the current COVID-19 pandemic which has reduced the output of cases considerably. The IPO’s main focus going forward is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.

It is recognised that no single solution will achieve faster processing times but rather a targeted suite of measures, including additional staffing resources. Options that are being explored include greater automation of the process including ICT improvements, revision of key documentation and the use of remote interviewing.

Historically, the majority of international protection interviews were conducted at the IPO in Dublin with applicants travelling from their accommodation to Dublin for interview. Early in 2019, the IPO commenced a pilot to conduct protection interviews in suitable locations. These locations were closer to applicant's accommodation and removed the challenge for applicants of having to travel sometimes considerable distances for interview. This pilot was successful and in November 2019 the IPO moved to the next stage - interviews by video conference (VC). The first VC interviews took place in the south and, in early 2020, were also successfully trialled in the north west. The successful trials suggest that interview by VC may be suitable for many, though not all applicants. The success of these trials will also factor into the IPO planning for the resumption of protection interviews in the context of COVID-19 restrictions.

Courts Service

Questions (238)

Éamon Ó Cuív

Question:

238. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the discussions he has had with the Courts Service to ensure speedier hearings of court cases in relation to asylum and immigration in the courts and in particular cases involving judicial review proceedings relating to asylum; the results of such discussions; and if he will make a statement on the matter. [10221/20]

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Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business are matters for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.

I can therefore inform the Deputy that no discussions have taken place between me or my Department officials and the Courts Service in relation to the matter referred to.

I am informed that there were no delays in the hearing of Immigration cases in the High Court prior to the COVID-19 pandemic restrictions being implemented.

Immigration Data

Questions (239)

Éamon Ó Cuív

Question:

239. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons in direct provision that have been given permission to remain under a stamp 4 visa; the reason these persons are not afforded housing in the community; the steps being taken to provide them with housing; and if he will make a statement on the matter. [10222/20]

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Written answers

I can inform the Deputy that a total of 916 people living in Direct Provision have a permission to remain in the State, as of the end of May 2020. These residents have the same entitlement to access housing supports and services as citizens and EEA nationals.

Considerable work is being undertaken to support these residents to move out of accommodation centres and into secure permanent accommodation. My Department has a specific team who work in collaboration with DePaul Ireland, the Jesuit Refugee Service, the Peter McVerry Trust, officials in the Department of Housing, Planning and Local Government, and the City and County Managers Association to collectively support residents with status or permission to remain to access their housing options.

Since the beginning of the year and up to the end of May 2020, a total of 433 persons have moved from Direct Provision accommodation into the community. This compares with a figure of 203 people the previous year (2019), when the project commenced. We will continue to work with the remaining residents to assist them to do the same.

Asylum Applications

Questions (240)

Éamon Ó Cuív

Question:

240. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons that sought asylum here in each of the years 2010 to 2019 and to date in 2020, by country of origin; and if he will make a statement on the matter. [10223/20]

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Written answers

The information requested by the Deputy is set out in in the following link.

Where the numbers of applications received from individual countries are low (less than 10), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.

Asylum nos.

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